Child custody lawyer in Alicante

01What a child custody lawyer in Alicante does for you

A child custody lawyer in Alicante deals with everything that shapes your children's daily life once their parents no longer live together: who they live with, how the weeks are shared, who decides on school and medical matters, how holidays are organised and what happens when one parent does not comply. It is about being parents from two homes, sometimes in two countries.

Family law is the core of my practice at calle Isabel La Católica, in the centre of Alicante. First I listen carefully to understand how your family actually works: who takes the children to school, who handles the doctor, where each of you lives, whether one of you plans to move abroad, and how the other parent is behaving. From there we build a realistic strategy: a negotiated agreement or, if there is no alternative, contested proceedings before the family courts (juzgados de familia) in Alicante.

When to get advice early

• You are separating or divorcing with children under 18: custody is decided within the divorce proceedings.
• You are not married and need an order on custody, contact and maintenance (medidas paternofiliales).
• You already have an order but circumstances have changed and you want custody modified.
• The other parent is breaching the arrangements, taking the children without notice or planning to relocate.

Custody is always tied to child maintenance (pensión de alimentos) and the use of the family home, so at the first consultation we look at all three together.

One honest note: consultations are held in Spanish. If you need an interpreter, say so when you write to me on WhatsApp and we will arrange it.

02Joint custody or sole custody in Spain: the differences

Two concepts are often confused. Patria potestad (parental authority, similar to parental responsibility in the UK) covers the big decisions: education, health, residence and religion. Both parents normally keep it. Guarda y custodia (custody) refers to day-to-day living: which parent the child lives with and who provides everyday care.

Joint custody (custodia compartida)

Both parents take turns living with the children: alternate weeks, fortnights or more flexible splits. Article 92 of the Spanish Civil Code governs it, and the Supreme Court has treated it for years as the preferred system whenever it is viable. It does not require an exact 50/50 split, nor that the parents get on well; a minimum of reasonable communication about the children is enough.

Sole custody (custodia exclusiva)

The children live mainly with one parent and the other has a contact schedule (régimen de visitas): typically alternate weekends, one or two afternoons during the week and half of the school holidays. It applies when joint custody is not workable: distance, incompatible working hours, little involvement by one parent, violence, or a very young child with special needs.

What applies in the Valencia region

Many expats still ask about the "Valencian joint custody law". The regional Law 5/2011 was struck down by the Constitutional Court in 2016, so in Alicante today the Spanish Civil Code and Supreme Court case law apply. More detail (in Spanish) in my article on joint custody developments in the Valencia region.

03What Alicante family judges look at when deciding custody

The guiding principle is always the best interests of the child (interés superior del menor): parents have no right to custody, the child has a right to the arrangement that suits them best. The family courts in Alicante weigh factors such as these:

• Each parent's previous involvement: who has handled the child's routines before and after the separation.
• Capacity and availability: working hours, family support, ability to be present during your period of care.
• The relationship between the parents: harmony is not required, but a minimum of respect and communication is.
• Distance between homes: if one parent lives in Alicante city and the other in Torrevieja, Benidorm or abroad, weekly alternation that would force a change of school is usually ruled out.
• The child's age and views: children with sufficient maturity, and in all cases those over 12, are heard by the judge (art. 92.6 Civil Code).
• Expert reports: the court psychosocial team's report, if ordered, and school or medical reports.
• Siblings: as a general rule the court avoids separating them.
• Violence: article 92.7 of the Civil Code rules out joint custody where a parent faces criminal proceedings for offences against the other parent or the children, or where the judge finds well-founded indications of domestic or gender violence.

The usual requirements, with practical examples, are set out in my post joint custody in Alicante: requirements (in Spanish).

04The parenting plan and contact arrangements

The parenting plan (plan de parentalidad) sets out how parents will exercise their responsibilities after the separation. In an uncontested divorce it forms part of the convenio regulador (the divorce settlement agreement, art. 90 Civil Code); in contested proceedings each side proposes its own and the judge decides. A good plan prevents future disputes because it answers in advance the questions that cause most arguments.

What a complete parenting plan should include

1. The custody system chosen and the precise split of periods (alternate weeks, fortnights, alternate weekends with midweek afternoons).
2. Times and places for handovers (usually the school).
3. Division of summer, Christmas and Easter holidays and special days: birthdays, local festivals such as the Hogueras, trips to see grandparents abroad.
4. Contact between the child and the parent they are not staying with: calls, video calls and reasonable times.
5. Major decisions: change of school (including a move to an international school), medical treatment, extracurricular activities, travel outside Spain.
6. Child maintenance and how extraordinary expenses are shared.
7. Use of the family home (art. 96 Civil Code) and, where relevant, a "bird's nest" arrangement.
8. Flexibility clauses and a mechanism for resolving disagreements, such as mediation before going back to court.

Contact arrangements in the strict sense are those fixed for the non-custodial parent (art. 94 Civil Code). Grandparents can also apply for contact when they are prevented from seeing their grandchildren; see my article on grandparents' visitation rights (in Spanish).

05The psychosocial report and hearing the child

When custody is disputed, the judge usually orders a psychosocial report (informe psicosocial) from the team attached to the family courts (a psychologist and a social worker). They interview both parents, the children and sometimes the school, and give an opinion on which custody arrangement best suits the child. It is not binding, but judges rely on it heavily, so preparing those interviews with you is part of my job: what documents to bring, how to explain your proposal and, above all, how not to run down the other parent in front of the experts.

A private report from a forensic psychologist can also be filed to strengthen your position. As a rough guide, the court team's report can take several months, which is one reason contested custody cases take time.

The judicial hearing of the child

A child with sufficient understanding, and always from the age of 12, has the right to be heard (art. 92.6 Civil Code and Organic Law 8/2021 on the protection of children). The hearing takes place without the parents or lawyers, in the presence of the judge and the public prosecutor (Ministerio Fiscal), and is recorded in the file. Being heard does not mean deciding: the judge weighs the child's views with the rest of the evidence, taking care to detect whether the child has been influenced by either parent.

If your case involves serious conflict or violence, read my guide on domestic violence in Alicante as well, because it completely changes how custody is handled.

06Changing custody: modification of measures

A custody order is not forever. If circumstances change substantially, either parent can apply for a modification of measures (modificación de medidas, art. 90.3 Civil Code and art. 775 Civil Procedure Act). The most common reasons I see at my office are:

• A switch from sole to joint custody once the children are older, working hours have improved or the parents have shown they can cooperate.
• A parent relocating to another city or back to their home country.
• Repeated breaches of contact or maintenance.
• Health problems, addiction or risk to the child.
• The mature, well-founded wishes of a teenage child.

The court will not revisit custody just because one parent is unhappy: you must prove the change in circumstances, so I prepare these cases with a carefully ordered chronological file. Foreign orders can also be recognised and then modified in Spain when the child now lives here; the route depends on the country of origin. More detail (in Spanish) in my article on modification of measures in Alicante.

Urgent measures

Where there is an immediate risk to the child (abduction, removal from school, neglect), article 158 of the Civil Code allows urgent measures to be requested from the family judge without waiting for full proceedings.

07Relocation and travelling abroad with the children

This is a frequent question from international families on the Costa Blanca. The rule is clear: changing the child's habitual residence to another city or country is a parental authority decision and needs the consent of both parents or, failing agreement, court authorisation (art. 156 Civil Code). Leaving with the children without notice can cost you custody and, in the most serious cases, amounts to child abduction (art. 225 bis Criminal Code) or triggers the Hague Convention so that the other parent can demand the child's return.

If you need to relocate for work, for a new partner or to go back to your family abroad, plan ahead: propose to the other parent a new schedule that offsets the distance (longer holiday blocks, travel costs borne by the relocating parent, frequent video calls) and, if there is no agreement, file for a modification of measures before you move.

Holidays and trips outside Spain

Holiday trips during each parent's own period do not normally require authorisation unless the order says otherwise, but share dates, destination and accommodation. To leave Spain with a minor, border police may ask for the other parent's written authorisation, signed at a police station, before a notary or at the court. I always include it as a clause in the agreement to avoid surprises at Alicante airport.

08Breaches of custody or contact arrangements

A parent who does not hand over the children on time, skips weekends, fails to return them after the holidays or blocks phone calls is more common than you might think. First, document it: messages, emails and, where necessary, a police report recording that the handover did not take place. The routes are then:

• Enforcement of the order (ejecución, art. 776 Civil Procedure Act): the same court compels compliance, with warnings of coercive fines and make-up time for the periods lost.
• Modification of measures: repeated and serious breaches can justify changing the custody system, in either direction.
• Criminal route: in extreme cases, non-payment of maintenance (art. 227 Criminal Code) or unlawful retention of the children (art. 225 bis) is an offence.

Conversely, if you are the one who cannot comply (a change of shift, a work trip abroad), do not sort it out unilaterally: give written notice, propose an alternative and, if the problem is lasting, apply for a modification. Complying scrupulously with your own side is your strongest argument before the court.

If you would like me to look at your situation, book an appointment or write to me on WhatsApp and I will tell you frankly what your options are.

How a custody case proceeds, step by step

1. 1
   First consultation

   We go through your family situation, your relationship with the children, working hours, homes and the other parent's attitude. You leave with a strategy and a written quote.

2. 2
   Attempt at agreement

   I put a parenting plan to the other side and, where there is room, we negotiate or use family mediation. Since 2025 Spanish law encourages a prior attempt at settlement before suing; I will tell you whether it applies to your case.

3. 3
   Agreement or claim

   If there is agreement, we file the convenio regulador for court approval (art. 777 Civil Procedure Act). If not, I file the divorce or parental measures claim with the custody proposal.

4. 4
   Interim measures

   While the case is pending, the court can set interim custody, contact and maintenance so that the children have a stable routine from the outset.

5. 5
   Evidence and psychosocial report

   Documents and witnesses are filed and, if the judge so orders, the psychosocial team interviews the family. We prepare those interviews together.

6. 6
   Hearing and the child's voice

   At trial the parents and witnesses give evidence, and the judge hears the child if they are mature enough or over 12. The public prosecutor takes part to defend the child's interests.

7. 7
   Judgment and compliance

   The judgment sets custody, contact and maintenance. It can be appealed to the Alicante Provincial Court and modified later if circumstances change.

Frequently asked questions